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A. S. CHANDURKAR, RAJESH S. PATIL
Deputy Commissioner of Police, Wireless Division, Mumbai – Appellant
Versus
Sanjay Govind Parab – Respondent
JUDGMENT :
A.S. Chandurkar, J.
1. Rule. Rule made returnable forthwith and heard learned counsel for the parties. The challenge raised in this writ petition is to the judgment dated 02/05/2022 passed by the learned Member, Maharashtra Administrative Tribunal, Mumbai thereby allowing the Original Application preferred by the respondent and setting aside the order dated 22/04/2021 by which the absence of the respondent from duty for a period of 271 days from 02/06/2019 to 27/02/2020 was treated as absence without leave.
2. Facts relevant for considering the challenge as raised are that the respondent came to be appointed as Police Head Constable on 04/07/1998. On 30/05/2019, he was transferred from Mumbai to Dhule. The respondent challenged the said order of transfer by filing Original Application No.524 of 2019. The respondent however was relieved on 01/06/2019 for joining at the place of transfer. He sought interim relief in the proceedings filed before the Tribunal but on 12/06/2019 interim relief was refused. The petitioner however did not join the place of transfer. Ultimately on 20/01/2020, the Tribunal allowed Original Application No.524 of 2019 and set aside the order of transfe
An employee's unauthorized absence from duty, despite a challenged transfer order, does not entitle them to pay and allowances.
Quashing transfer order does not automatically invalidate disciplinary action for unauthorised absence; employee must join despite challenge absent stay – absence period regularized as qualifying ser....
The transfer was not punitive, and the transfer policy did not confer a legally enforceable right.
Transfer orders issued under administrative grounds must be complied with unless legally invalid; unauthorized absence leads to disciplinary actions.
Transfer is incident of service; no vested right to implementation if cancelled for valid administrative reasons like unauthorized absence; compassionate transfer needs certified disability proof; no....
Cancellation of transfer after relieving but before joining does not entitle salary for intervening period if employee fails to report to new posting; treated as unauthorized absence and 'dies non' u....
Transfers are service incidents; must join posting first; no judicial interference absent mala fides or statutory violation.
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